After Cuerrier: Canadian Criminal Law and the Non-Disclosure of HIV-Positive Status

The Report provides an overview of the Cuerrier decision. Based on the judgment, the Report then attempts to provide some answers (where possible) as to when an HIV-positive person may risk criminal prosecution if they do not disclose their status, looking at the possibility of HIV transmission through sexual activity, transmission through sharing drug injection equipment, mother/infant transmission, and transmission through invasive medical procedures. The Report analyzes whether Cuerrier does or should apply in these different contexts.

Where the conclusion is that Cuerrier is applicable, the Report also considers how the decision applies, as well as indicating how it should not be applied.